Full Description
Artificial intelligence ("AI") is everywhere. The board of every business wants an AI strategy. It is still a difficult topic for lawyers, in part because of its breadth. It does not align at all with the usual disciplines that lawyers work in; that is, it is not a creature of corporate law, property law, intellectual property law, etc. But it does touch on aspects of each of these and more. It relies on a certain level of technical knowledge of how software operates that is not part of the training or experience of many lawyers. Supporting businesses dealing with new data opportunities and strategies, and work on governance and ethical questions clearly is in the purview of lawyers, however.
We now have directly applicable AI regulation in the form of the EU AI Act, which entered into force on 1 August 2024. Secondary materials on practical approaches a re now appearing. The EU AI Act w ill b e a benchmark for regulation worldwide. AI enforcement is now looking like it will be a political, as well as a legal, issue. But regulation will differ between jurisdictions, and AI developers and users will be subject to multiple overlapping rules and standards. It will take forms that require interpretation beyond the conventional approach of many lawyers because it will involve judgments on risk and suitability, not just
legalistic questions.
Borrowing from former American president John F. Kennedy, this is a topic for lawyers who like to work on things not because they are easy but because they are hard. In this case, they are also necessary because AI is pervasive and lawyers have a substantial role to play in advising commercial, not-for-profit, governmental and clients of all other types on this topic. Some things that lawyers do can now be supported or replaced by AI systems. This challenge to business models will be a big deal and remains to play out.
Contents
Preface Charles Kerrigan CMS LLP Expert Analysis Chapters 1 Autonomous AI: Who is responsible when AI acts autonomously and things go wrong? Erica Stanford CMS LLP 11 Profiling and prohibited practices: A summary of legal requirements for automated decision-making in the EU and UK Lisa McClory CMS LLP 19 Practical guidelines for the use of generative AI David V. Sanker SankerIP 27 The role of multilateralism in AI Emma Wright Interparliamentary Forum on Emerging Technologies Jurisdiction Chapters 31 China Ian Liu, Andy Yu, Timothy Chow & Helen Xie Deacons 43 Cyprus Christiana Aristidou & Evdokia Marcou The Hybrid LawTech Firm, empowered by Christiana Aristidou LLC 53 Czech Republic Jana Pattynová & Karina Matevosjanová Pierstone 59 Estonia Sander Peterson Magnusson Estonia 68 France Boriana Guimberteau & Elise Dufour Stephenson Harwood 82 Germany Dr. David Bomhard & Dr. Jonas Siglmüller Aitava 91 Greece Marios D. Sioufas Sioufas & Associates Law Firm 108 Hong Kong Dominic Wai & Lawrence Yeung ONC Lawyers 117 Ireland Jane O'Grady & Victor Timon Byrne Wallace Shields LLP 129 Italy Massimo Donna Paradigma - Law & Strategy 142 Japan Akira Matsuda, Ryohei Kudo & Taiki Matsuda Iwata Godo 154 Malta Ron Galea Cavallazzi & Alexia Valenzia Camilleri Preziosi 163 Mexico Alfredo Lazcano & Andrea Avedillo Lazcano Sámano, S.C. 169 Netherlands Joris Willems & Danique Knibbeler NautaDutilh 182 Poland Michał Nowakowski, Martyna Rzeczkowska & Paulina Grzywacz ZP Zackiewicz & Partners 199 Singapore Lim Chong Kin, Anastasia Su-Anne Chen & Cheryl Seah Drew & Napier LLC 213 Switzerland Jürg Schneider & David Vasella Walder Wyss Ltd. 223 Taiwan Robin Chang & Eddie Hsiung Lee and Li, Attorneys-at-Law 234 Türkiye Burak Özdağıstanli, Hatice Ekici Tağa, Sümeyye Uçar & Begüm Alara Şahinkaya Ozdagistanli Ekici Attorney Partnership 239 United Arab Emirates Aman Garg, Abhinesh Takshak & Parth Singh Node.Law 250 United Kingdom Charles Kerrigan, Erica Stanford, Lisa McClory & Ben Hitchens CMS LLP 263 USA Ryan Abbott, Timothy Lamoureux & Kumiko Kitaoka Brown, Neri, Smith & Khan, LLP
